I 

112TH CONGRESS 

1ST SESSION H. R. 1484 

To amend title 38, United States Code, to improve the appeals process 

of the Department of Veterans Affairs and to establish a commission 

to study judicial review of the determination of veterans’ benefits. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 12, 2011 

Mr. FILNER introduced the following bill; which was referred to the 

Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to improve the 

appeals process of the Department of Veterans Affairs 

and to establish a commission to study judicial review 

of the determination of veterans’ benefits. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Veterans Appeals Im5 provement Act of 2011’’. 


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1 SEC. 2. WAIVER OF REGIONAL OFFICE JURISDICTION OVER 

2 INCORPORATION OF SUPPLEMENTAL EVI3 DENCE INTO PREVIOUSLY SUBMITTED 

4 CLAIMS. 

5 (a) WAIVER.—Section 7104 of title 38, United States 

6 Code, is amended by adding at the end the following new 

7 subsection: 

8 ‘‘(f) If a claimant submits new evidence in support 

9 of a case for which a substantive appeal has been filed, 

10 such evidence shall be submitted to the Board directly and 

11 not to a regional office of the Department, unless the 

12 claimant requests that the evidence be reviewed by the re13 gional office before being submitted to the Board.’’. 

14 (b) EFFECTIVE DATE.—Subsection (f) of section 

15 7104 of title 38, United States Code, as added by sub16 section (a) of this section, shall apply with respect to evi17 dence submitted on or after the date that is 90 days after 

18 the date of the enactment of this Act. 

19 SEC. 3. COMMISSION TO STUDY JUDICIAL REVIEW OF THE 

20 DETERMINATION OF VETERANS’ BENEFITS. 

21 (a) ESTABLISHMENT.—There is established a com22 mission to be known as the ‘‘Veterans Judicial Review 

23 Commission’’ (in this section referred to as the ‘‘Commis24 sion’’). 

25 (b) DUTIES.—The Commission shall— 


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1 (1) evaluate the administrative and judicial ap2 pellate review processes of veterans’ and survivors’ 

3 benefits determinations; and 

4 (2) make specific recommendations and offer 

5 solutions to improve the accuracy, fairness, trans6 parency, predictability, timeliness, and finality of 

7 such appellate review processes, including a rec8 ommendation as to whether the Court of Appeals for 

9 Veterans Claims should have the authority to hear 

10 class action or associational standing cases. 

11 (c) MEMBERSHIP.— 

12 (1) IN GENERAL.—The Commission shall be 

13 composed of 13 members appointed as follows: 

14 (A) Two individuals appointed by the 

15 Speaker of the House of Representatives. 

16 (B) Two individuals appointed jointly by 

17 the President of the Senate and the President 

18 pro tempore. 

19 (C) Two individuals appointed by the mi20 nority leader of the House of Representatives. 

21 (D) Two individuals appointed by the mi22 nority leader of the Senate. 

23 (E) Four individuals appointed by the 

24 President. 


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1 (F) One individual appointed by the Presi2 dent, by and with the advice and consent of the 

3 Senate, who shall serve as chairperson. 

4 (2) QUALIFICATIONS.—Individuals appointed 

5 under paragraph (1) shall— 

6 (A) be specially qualified to serve on the 

7 Commission by virtue of their expert education, 

8 training, or experience associated with veterans’ 

9 benefits, judicial review, constitutional law, or 

10 other areas of expertise pertinent to the duties 

11 of the Commission; and 

12 (B) include individuals who— 

13 (i) are current or retired members of 

14 the judiciary; 

15 (ii) are members of the legal or aca16 demic community; or 

17 (iii) represent— 

18 (I) veterans service organizations; 

19 (II) legal service organizations; 

20 or 

21 (III) other affected entities. 

22 (3) TERMS.—Each member shall be appointed 

23 for the life of the Commission. 


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1 (4) VACANCY.—A vacancy in the Commission 

2 shall be filled in the manner in which the original 

3 appointment was made. 

4 (d) MEETINGS.— 

5 (1) IN GENERAL.—The Commission shall meet 

6 at the call of the Chairperson or a majority of its 

7 members. 

8 (2) QUORUM.—A majority of the Commission 

9 shall constitute a quorum but a lesser number may 

10 hold hearings. 

11 (e) PAY.— 

12 (1) RATES OF PAY.—Except as provided in 

13 paragraph (2), members shall serve without pay. 

14 (2) TRAVEL EXPENSE.—Each member shall re15 ceive travel expenses, including per diem in lieu of 

16 subsistence, in accordance with applicable provisions 

17 under subchapter I of chapter 57 of title 5, United 

18 States Code. 

19 (f) STAFF.— 

20 (1) DIRECTOR.—The Commission shall have a 

21 director who shall be appointed by the Chairperson. 

22 (2) STAFF.—Subject to rules prescribed by the 

23 Commission, the Chairperson may appoint additional 

24 personnel as the Chairperson considers appropriate. 


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1 (3) APPLICABILITY OF CERTAIN CIVIL SERVICE

2 LAWS.—The director and staff of the Commission 

3 shall be appointed subject to the provisions of title 

4 5, United States Code, governing appointments in 

5 the competitive service, and shall be paid in accord6 ance with the provisions of chapter 51 and sub7 chapter III of chapter 53 of that title relating to 

8 classification and General Schedule pay rates. 

9 (4) EXPERTS AND CONSULTANTS.—Subject to 

10 rules prescribed by the Commission, the Chairperson 

11 may procure temporary and intermittent services 

12 under section 3109(b) of title 5, United States Code. 

13 (5) STAFF TO FEDERAL AGENCIES.—Upon re14 quest of the Chairperson, the head of any Federal 

15 department or agency may detail, on a reimbursable 

16 basis, any of the personnel of that department or 

17 agency to the Commission to assist it in carrying out 

18 its duties under this section. 

19 (g) POWERS OF COMMISSION.— 

20 (1) HEARINGS AND SESSIONS.—The Commis21 sion may, for the purpose of carrying out this Act, 

22 hold hearings, sit and act at times and places, take 

23 testimony, and receive evidence as the Commission 

24 considers appropriate. The Commission may adminVerDate Mar 15 2010 23:38 Apr 13, 2011 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1484.IH H1484

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1 ister oaths or affirmations to witnesses appearing 

2 before it. 

3 (2) POWERS OF MEMBERS AND AGENTS.—Any 

4 member or agent of the Commission may, if author5 ized by the Commission, take any action which the 

6 Commission is authorized to take by this section. 

7 (3) OBTAINING OFFICIAL DATA.—The Commis8 sion may secure directly from any department or 

9 agency of the United States information necessary 

10 to enable it to carry out this Act. Upon request of 

11 the Chairperson of the Commission, the head of that 

12 department or agency shall furnish that information 

13 to the Commission. 

14 (4) MAILS.—The Commission may use the 

15 United States mails in the same manner and under 

16 the same conditions as other departments and agen17 cies of the United States. 

18 (5) ADMINISTRATIVE SUPPORT SERVICES.— 

19 Upon the request of the Commission, the Adminis20 trator of General Services shall provide to the Com21 mission, on a reimbursable basis, the administrative 

22 support services necessary for the Commission to 

23 carry out its responsibilities under this Act. 

24 (h) REPORTS.— 


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1 (1) INTERIM REPORT.—Not later than July 1, 

2 2012, the Commission shall submit to Congress an 

3 interim report of the evaluation and recommenda4 tions made under subsection (b). 

5 (2) FINAL REPORT.—Not later than December 

6 31, 2012, the Commission shall submit to Congress 

7 a final report on the activities of the Commission, 

8 including— 

9 (A) specific recommendations and solutions 

10 proposed by the Commission under subsection 

11 (b), including a recommendation as to whether 

12 the Court of Appeals for Veterans Claims 

13 should have the authority to hear class action 

14 or associational standing cases; 

15 (B) relevant background and statistical in16 formation associated with such recommenda17 tions and solutions; and 

18 (C) other information the Commission de19 termines appropriate. 

20 (i) TERMINATION.—The Commission shall terminate 

21 on the date that is two years after the date on which the 

22 Commission submits the final report pursuant to section 

23 (h)(2). 

Æ 


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